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Court of Appeal Holds that Claims of a Public Entity are "Secondary" to a Contractor's Right to Prompt Payment
  • Breazeale Sachse & Wilson LLP
  • USA
  • May 21 2018

The Louisiana Fourth Circuit Court of Appeal recently rendered a decision supporting the right of general contractors to compel payments owed on

Fourth Circuit Finds No Bad Faith for Delay in Investigating Construction Defect Claim
  • Nexsen Pruet
  • USA
  • September 12 2017

Construction defect claims often include coverage disputes spiced with allegations of bad faith designed to turn up the heat on the insurer. The

Fourth Circuit Affirms Dismissal of Contractor’s Complaint, Declining to Create ‘Ultra Vires’ or ‘Bias’ Exceptions to the Requirement That Contractors Exhaust Their Administrative Remedies Under Maryland Law Before Suing a Government Agency
  • Pepper Hamilton LLP
  • USA
  • July 6 2017

The United States Court of Appeals for the Fourth Circuit recently addressed whether the City of Baltimore (the “City”) had abandoned a contractually

New Jersey Supreme Court Gives Supreme Win to Policyholders
  • K&L Gates
  • USA
  • August 5 2016

Yesterday, the Supreme Court of New Jersey unanimously affirmed the Appellate Division's holding that consequential damages caused by a

Tennessee Federal District Court Holds That Contractor May Pursue Both Breach of Contract Action in Federal Court and Lien Enforcement Action In State Court - Abstention Not Required
  • Pepper Hamilton LLP
  • USA
  • August 4 2016

Ashland Heights, LP (“Owner”) contracted with Summit Contracting Group, Inc. (“Contractor”) to construct an assisted living facility in Tennessee

Fourth Circuit: if you want to limit additional insured coverage to vicarious liability, you should say so
  • Carlton Fields
  • USA
  • July 20 2015

In Capital City Real Estate, LLC v. Certain Underwriters at Lloyd's, London, No. 14-1239 (4th Cir. June 10, 2015), the Fourth Circuit Court ruled

Contractors beware - be careful in settling a construction defect claim without your insurer's prior consent
  • Ober Kaler
  • USA
  • August 14 2014

A recent decision by the U.S. Court of Appeals for the Fourth Circuit, PeriniTompkins Joint Venture v. ACE American Ins. Co., 783 F.3d 95 (2013)

4th circuit holds no duty to defend insurance broker in bodily injury suit
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • December 12 2011

In its recent decision in Houston Cas. Co. v. St. Paul Fire & Marine Ins. Co., 2011 U.S. App. LEXIS 24157 (4th Cir. Dec. 6, 2011), the United States Court of Appeals for the Fourth Circuit, applying South Carolina law, considered whether a general liability insurer had a duty to defend its insured, an insurance broker, in connection with an underlying construction site injury lawsuit.

The impact of pay-if-paid clauses on payment bond claims and mechanic’s lien rights in Virginia
  • Williams Mullen
  • USA
  • September 16 2011

Since 1995, Virginia courts have recognized the validity of “pay-if-paid” clauses (sometimes referred to as “pay-when-paid”) in subcontracts.

Duty to defend applies to Calderon proceedings
  • Archer Norris
  • USA
  • August 30 2010

Whether pre-litigation proceedings under the Calderon Act, Civil Code section 1375 et seq., come within a carrier's duty to defend any "suit" is apparently an issue of first impression.